Are there any defenses against a premises liability lawsuit?
In Arizona, there are several defenses that can be used by a property owner when they are faced with a premises liability lawsuit. These defenses can be used to shield the property owner from liability if they can prove that the injured party caused their own injury. One of the most common defenses is known as the “open and obvious” doctrine. This rule states that a property owner will not be liable if they can prove that the risk of the hazard was “open and obvious.” If the injured party should have seen and known the risk, then the property owner cannot be held liable. Another defense is the “assumption of risk” doctrine. This doctrine states that if the injured party assumed the risk of their own injury, then the property owner cannot be held liable. For example, if a person slips and falls on wet tile, but they had previously been warned not to walk on the wet tile, then they assumed the risk of their own injury. The third defense is known as “contributory negligence.” This defense states that if the injured party was negligent in any way, then the property owner cannot be held liable. For example, if the injured party was wearing inappropriate footwear, or if they were not paying attention while walking, then the property owner can argue that the injury was caused by the injured party’s own negligence. Finally, the fourth defense is known as “comparative fault.” This doctrine states that if both parties are found to be at fault, then the court will assign a percentage of the fault to each party depending on the particular circumstances. In conclusion, there are several defenses that a property owner can use to defend against a premises liability lawsuit in Arizona. By understanding these defenses, a property owner can gain a better understanding of their liability and how to protect themselves from an injury claim.
Related FAQs
What is the legal definition of a “trip and fall”?What are the possible outcomes of a slip and fall case?
What are the duties of a property owner regarding slip and fall prevention?
What types of evidence should be collected in a premises liability case?
Is it necessary to hire a lawyer for a slip and fall claim?
What are the possible legal implications of a slip and fall accident?
What is the legal definition of a “slip and fall”?
What type of compensation can be recovered in a premises liability case?
Are slip and fall cases heard in civil or criminal court?
What is the difference between a slip and fall and a trip and fall accident?
Related Blog Posts
The Basics of Slip & Fall Law: Understanding Your Rights - July 31, 2023Property Owner Liability in Slip & Fall Accidents - August 7, 2023
How to Determine if You Have a Valid Slip & Fall Claim - August 14, 2023
Negligence as a Cause of Slip & Fall Accidents - August 21, 2023
How Intentional Acts Can Lead to Slip & Fall Lawsuits - August 28, 2023